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The National Security Law Podcast

Episode 87: The D.C. Circuit Ain’t Inquorate

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 21 August 2018

⏱️ 67 minutes

🧾️ Download transcript

Summary

And we're back, with much to discuss in the wacky world of national security law.  Join Professors Steve Vladeck and Bobby Chesney as they wrestle with: A *huge* ruling by Judge Pohl in the Military Commission 9/11 prosecution, barring the government from using at trial statements made by the defendants at GTMO to FBI "clean team" interrogators (in what amounts to a CIPA-style sanction in response to government restrictions on defense access to CIA personnel) The government in the Tanvir case (alleging that the plaintiffs were put on the no-fly list by the FBI as punishment for refusing to become informants) has decided to go for en banc review on the RFRA damages question Criminalizing the provision of information about explosives with intent that it be used for a "federal crime of violence"--United States v. Marlonn Hicks as a case study both in First Amendment and vagueness concerns Notes on other recent DOJ national security cases (Iranian spies and an IS fighter who made it to the US) President Trump, Signing Statements, and the NDAA: How does Trump compare to his recent predecessors? John Brennan and Security Clearance Revocations:  Are their constitutional limits that can be litigated? And for your weekly frivolity? Tips for all the 1Ls starting at law schools this fall!

Transcript

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0:00.0

Hello from Austin and welcome to episode 87 of the National Security Law podcast, brought to you by the Strauss Center at the University of Texas.

0:18.7

It's Tuesday morning, August 21st.

0:21.4

I'm Bobby Chesney.

0:22.6

I'm Steve Vlittick.

0:23.8

We're here.

0:24.3

We're live.

0:24.9

We're here.

0:25.2

This is actually recorded this week, so as of Tuesday morning the 21st, this is actually

0:30.3

on time, unlike our next two episodes.

0:32.2

Our next two episodes, one of which we've already recorded, one of which we're going

0:34.8

to record soon. We've got a couple of deep dives coming up, not because there's not stuff to talk about, but because I'm not going to be here.

0:41.9

You know, if you like the deep dive format episodes 88 and 89, are for you. They are for you.

0:47.0

Just quick quick preview, episode 88, which we're going to drop, I think, early next week, Bobby, is going to be a deep dive into Anwar Al-a-Lawki and the sort of law and background of the, I think, very controversial drone

1:01.0

strike against a U.S. citizen.

1:03.0

And then episode 89, within a special nod toward brand-new first-year law students, some of whom

1:07.7

are starting at UT in the next couple days, we're going to do a deep dive on an oldie but a goodie, the steel seizure case.

1:13.8

Woohoo, Youngstown.

1:15.3

Sheet and Tube versus Sawyer.

1:16.9

Exactly.

1:17.6

That'll be fun.

1:18.3

I'm looking forward to that.

1:19.3

Me too.

...

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